Supplemental Fuels, Inc. v. Louisiana Department of Environmental Quality

Louisiana Court of Appeal

Supplemental Fuels, Inc. v. Louisiana Department of Environmental Quality

656 So. 2d 41, 94 La.App. 1 Cir. 1878, 1995 La. App. LEXIS 1424, 1995 WL 271887

Louisiana Court of Appeal·Decided May 9, 1995·No. No. CA 94 1878·Published

Opinions

liFOIL, Judge.

Supplemental Fuels, Inc., challenges the action of the trial court in denying its request for de novo review of a decision of the Louisiana Department of Environmental Quality denying it a permit to operate a hazardous waste facility. The trial court dismissed the petition after finding that it lacked subject matter jurisdiction to review the challenged [42]*42action because jurisdiction was vested in this court under La.R.S. 30:20240.

Appellant contends that it is entitled to de novo review of the DEQ determination under La.R.S. 30:2024A(3). However, for the reasons set forth in the companion case decided this day, In the Matter of Supplemental Fuels Inc., 94-1596 (La.App. 1st Cir. 5/9/95); 656 So.2d 29, we affirm the judgment of the trial court. All costs of this appeal are assessed to appellant, Supplemental Fuels, Inc.

AFFIRMED.

KUHN, J., dissents and assigns reasons.

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liFOIL, Judge.

Supplemental Fuels, Inc., challenges the action of the trial court in denying its request for de novo review of a decision of the Louisiana Department of Environmental Quality denying it a permit to operate a hazardous waste facility. The trial court dismissed the petition after finding that it lacked subject matter jurisdiction to review the challenged [42]*42action because jurisdiction was vested in this court under La.R.S. 30:20240.

Appellant contends that it is entitled to de novo review of the DEQ determination under La.R.S. 30:2024A(3). However, for the reasons set forth in the companion case decided this day, In the Matter of Supplemental Fuels Inc., 94-1596 (La.App. 1st Cir. 5/9/95); 656 So.2d 29, we affirm the judgment of the trial court. All costs of this appeal are assessed to appellant, Supplemental Fuels, Inc.

AFFIRMED.

KUHN, J., dissents and assigns reasons.

Supplemental Fuels, Inc. v. Louisiana Department of Environmental Quality, 656 So. 2d 41, 94 La.App. 1 Cir. 1878, 1995 La. App. LEXIS 1424, 1995 WL 271887 (La. Ct. App. 1995).

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